Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 216
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Republic of Korea
Act. The PWMA may grant an occupancy permit for a period of up to 30 years
(including the construction period)
following the consultation requirements
set forth below.
Issuance of the 30-year public waters
occupancy permit may require:
(i)
consultation with the MOF;
(ii)
consultation with the Ministry of
Environment;
(iii)
consultation with the Ministry of
National Defense; and
(iv)
consultation with the Ministry of
the Interior and Safety.
In addition, the Public Waters Management and Reclamation Act (and its
Enforcement Decree) (the "PWMRA"“)
requires developers to obtain consent
from "interested parties“ for the use
of public waters. "Interested parties“
means the persons who hold the rights
which are expected to be infringed by
a relevant PWOP, including owners of
land or structures adjacent to, persons
with fishing rights to, and persons with
PWOPs for areas that are the same as or
nearby, such public waters.
The developer should obtain approval of
its public waters occupancy implementation plan from the PWMA within one
year of the issuance of the applicable
PWOP but prior to commencing construction of the facilities. Recently, the
PWMRA was amended in order to guarantee the rights of fishermen in January
2022. Before a relevant public waters
agency approves a permit to occupy
or use public waters, the amendments
mandatorily require that it identifies, and
collects the views of relevant persons
who may be adversely affected by such
a permit.
(c) EIA
As noted above, although the EIA Act generally requires that wind power projects
with a generation capacity of 100 MW or
more complete an EIA prior to commencement of construction, projects with a
generation capacity less than 100 MW
may also be (and often are) subject to a
small-scaled EIA. The EIA process generally involves a public hearing and takes
approximately one year to complete,
although a small-scaled EIA may be completed in less than a year. The process
begins when a developer submits its EIA
proposal to the Ministry of Environment
(or, in certain circumstances set forth in
the EPSDP Act, directly to the MOTIE))
outlining its proposed scope, methods,
analysis, limitations, etc. to be included
in the EIA. The EIA should cover, among
other things, an assessment of the proposed site‘s natural and ecological environment, air, water, soil, living environment, social environment, and economic
environment. Following completion of
applicable EIA procedures, the developer
should submit the consultation result
of the Ministry of Environment to the
PWMA in the course of obtaining PWOP
for the installation of WTGs.
